Senate Bill 25-174 Revised

A Bill for an Act

• Page 1, Line 101Concerning the continuation of the regulation of

• Page 1, Line 102outfitters, and, in connection therewith, implementing

• Page 1, Line 103the recommendations contained in the 2024 sunset

• Page 1, Line 104report by the department of regulatory agencies.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Sunset Process - Senate Agriculture and Natural Resources Committee. The bill implements the recommendations of the department of regulatory agencies (DORA) in its sunset review and report concerning the regulation of outfitters and guides by the division of professions and occupations (division) within DORA. Specifically:

• Sections 1 and 2 of the bill continue the regulation of outfitters and guides for 9 years, until 2034;
• Sections 3 and 4 allow the director of the division to take disciplinary action against an owner of an outfitter entity regardless of the owner's ownership share percentage;
• Section 5 credits one-half of the money that is collected as fines to the general fund rather than to the division;
• Section 6 exempts motor carriers and third-party booking agencies from regulation under the outfitters act; and
• Sections 4 and 7 add provisions prohibiting an individual from working as a guide or receiving or renewing a registration as an outfitter if the individual has a license or registration suspended by the division of parks and wildlife or by an agency of any member state of the "Wildlife Violator Compact" for a violation of a law concerning wildlife.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 12-145-118 as follows:

• Page 2, Line 312-145-118.  Repeal of article - review of functions. This article

• Page 2, Line 4145 is repealed, effective September 1, 2025 September 1, 2034. Before

• Page 2, Line 5the repeal, the powers, duties, and functions of the division specified in

• Page 2, Line 6this article 145 are is scheduled for review in accordance with section 24-34-104.

• Page 2, Line 7SECTION 2.  In Colorado Revised Statutes, 24-34-104, repeal (26)(a)(III); and add (35)(a)(VI) as follows:

• Page 2, Line 824-34-104.  General assembly review of regulatory agencies

• Page 2, Line 9and functions for repeal, continuation, or reestablishment - legislative

• Page 2, Line 10declaration - repeal. (26) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:

• Page 2, Line 11(III)  The regulation of outfitters by the director of the division of professions and occupations in accordance with article 145 of title 12;

• Page 3, Line 1(35) (a)  The following agencies, functions, or both, are scheduled for repeal on September 1, 2034:

• Page 3, Line 2(VI)  The regulation of outfitters by the director of the

• Page 3, Line 3division of professions and occupations in accordance with article 145 of title 12.

• Page 3, Line 4SECTION 3.  In Colorado Revised Statutes, 12-145-109, amend (6)(b)(I) as follows:

• Page 3, Line 512-145-109.  Disciplinary actions - grounds for discipline.

• Page 3, Line 6(6)  The director may discipline an applicant or registrant under this section for the acts of a person who:

• Page 3, Line 7(b) (I)  Is an officer, director, member, or partner, of, or owner of at least a ten-percent interest in, the applicant or registrant;

• Page 3, Line 8SECTION 4.  In Colorado Revised Statutes, 12-145-108, amend (2); and add (1)(b.5) as follows:

• Page 3, Line 912-145-108.  Issuance of registration - violations. (1)  Except as

• Page 3, Line 10otherwise provided in this article 145, the director shall issue an initial or

• Page 3, Line 11renewed registration as an outfitter to an individual who pays the required fee and furnishes evidence satisfactory to the director that the individual:

• Page 3, Line 12(b.5)  Does not have a license or registration that is

• Page 3, Line 13suspended and has not, within the three years prior to

• Page 3, Line 14submitting the registration application, had a license or

• Page 3, Line 15registration revoked by the division of parks and wildlife

• Page 3, Line 16created in section 33-9-104 or by an agency of any member state

• Page 3, Line 17of the "Wildlife Violator Compact", part 26 of article 60 of title 24, for a violation of a law concerning wildlife;

• Page 3, Line 18(2)  An individual or entity may register as an outfitter. An

• Page 4, Line 1application for registration of an entity shall must include the names of

• Page 4, Line 2all officers, directors, members, partners, and owners of at least ten

• Page 4, Line 3percent of the entity, and other persons who have managing or controlling

• Page 4, Line 4authority in the entity. The entity shall designate on the application for

• Page 4, Line 5outfitter registration one of its officers, directors, members, partners, or

• Page 4, Line 6other controlling or managing individuals to be the responsible party and

• Page 4, Line 7agent for the entity for all communications with the division. If the entity

• Page 4, Line 8changes its responsible party and agent, it shall notify the division within

• Page 4, Line 9ten working days after the name change and provide contact information

• Page 4, Line 10for the new responsible party and agent. If the responsible party and agent

• Page 4, Line 11does not provide guide services, he or she shall the responsible party

• Page 4, Line 12and agent is not be required to comply with subsection (1)(b) of this section.

• Page 4, Line 13SECTION 5.  In Colorado Revised Statutes, 12-145-110, amend (3)(b) as follows:

• Page 4, Line 1412-145-110.  Penalties - distribution of fines. (3)  All fines collected pursuant to this article 145 shall be distributed as follows:

• Page 4, Line 15(b)  Fifty percent to the division for the cost of administering this article 145 general fund.

• Page 4, Line 16SECTION 6.  In Colorado Revised Statutes, 12-145-104, add (3) as follows:

• Page 4, Line 1712-145-104.  Applicability. (3)  This article 145 does not apply to:

• Page 4, Line 18(a)  A motor carrier, as defined in section 40-10.1-101 (10),

• Page 4, Line 19that transports one or more clients to or from an outfitter but does not:

• Page 4, Line 20(I)  Assist a client in the taking or attempted taking of wildlife; or

• Page 5, Line 1(II)  Provide any outfitting service other than transportation to a client; or

• Page 5, Line 2(b)  A travel agency, a booking agency, or other person

• Page 5, Line 3that identifies potential clients for an outfitter, or that directs

• Page 5, Line 4potential clients to an outfitter, in exchange for a fee but that provides no outfitting services to such clients.

• Page 5, Line 5SECTION 7.  In Colorado Revised Statutes, 12-145-106, amend (1) as follows:

• Page 5, Line 612-145-106.  Guide qualifications - violations - penalty. (1) (a)  An individual who works as a guide must:

• Page 5, Line 7(I)  Be eighteen years of age or older; and

• Page 5, Line 8(II)  Hold either a valid first aid or first aid instructor's card issued

• Page 5, Line 9by the American Red Cross or evidence of equivalent training as approved by the director; and

• Page 5, Line 10(III)  Not have a license or registration that is suspended

• Page 5, Line 11and must not have, within the three years prior to submitting

• Page 5, Line 12the registration application, had a license or registration

• Page 5, Line 13revoked by the division of parks and wildlife created in section

• Page 5, Line 1433-9-104 or by an agency of any member state of the "Wildlife

• Page 5, Line 15Violator Compact", part 26 of article 60 of title 24, for a violation of a law concerning wildlife.

• Page 5, Line 16(b)  An individual who violates this subsection (1) commits a civil infraction.

• Page 5, Line 17SECTION 8.  In Colorado Revised Statutes, 12-20-407, amend (2)(c) and (2)(d); repeal (1)(a)(III); and add (2)(e) as follows:

• Page 5, Line 1812-20-407.  Unauthorized practice of profession or occupation

• Page 6, Line 1- penalties - exclusions. (1) (a)  A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:

• Page 6, Line 2(III)  Engages or offers or attempts to engage in activities as an

• Page 6, Line 3outfitter without an active registration issued under article 145 of this title 12;

• Page 6, Line 4(2)  The penalties for:

• Page 6, Line 5(c)  Engaging in unauthorized activities regarding passenger tramways are governed by section 12-150-108 (4); and

• Page 6, Line 6(d)  Engaging in unauthorized activities regarding nurse aide practice are governed by section 12-255-215; and

• Page 6, Line 7(e)  Providing, or offering or attempting to provide,

• Page 6, Line 8outfitting services without an active registration issued under article 145 of this title 12 are governed by section 33-6-113.

• Page 6, Line 9SECTION 9.  In Colorado Revised Statutes, 33-6-113, amend (1)(b) as follows:

• Page 6, Line 1033-6-113.  Illegal sale of wildlife. (1) (b)  For the purposes of this

• Page 6, Line 11section, it is deemed to be a sale of wildlife if a person for monetary or

• Page 6, Line 12other consideration, provides unregistered provides or offers or

• Page 6, Line 13attempts to provide outfitting services, as defined in article 145 of title

• Page 6, Line 1412, without an active registration issued under article 145 of title 12.

• Page 6, Line 15SECTION 10.  Act subject to petition - effective date. This act

• Page 6, Line 16takes effect at 12:01 a.m. on the day following the expiration of the

• Page 6, Line 17ninety-day period after final adjournment of the general assembly; except

• Page 6, Line 18that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 6, Line 19of the state constitution against this act or an item, section, or part of this

• Page 6, Line 20act within such period, then the act, item, section, or part will not take

• Page 7, Line 1effect unless approved by the people at the general election to be held in

• Page 7, Line 2November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.